CONFLICT OF INTEREST¾ PROSECUTING ATTORNEY
REPRESENTING POLICEMAN IN CIVIL SUIT¾It is
unethical for a prosecuting attorney to represent a police officer in a civil action for
overtime wages when his duty might require investigation or prosecution of a criminal
action arising out of the same facts.

Articles 1583 and 1583-1 of the Penal Code prescribe minimum working hours for
policemen in cities of certain classes, require payment of overtime wages, and provide
that the city official in charge of the police department who violates the Act shall be
fined not less than $10 and not more than $100 for each day. Would it be unethical for a
prosecuting attorney to represent a city policeman in a civil action against the City for
overtime wages under these Articles?

Opinion

Assuming that the prosecuting attorney's duty might require investigation or
prosecution of a criminal action under these statutes, it is this committee's opinion that
his representation of the police officer in the civil action for overtime wages would
involve a conflict of interests in violation of Canon 6.
SeeOpinions 109 (January, 1955) and 143 (March, 1957).

(We assume that the "prosecuting" attorney is not the City Attorney, who
would have an obvious conflict regardless of the criminal action.) (9-0.)